Rules & Regulations - Notice of Adoption

Pursuant to the provisions of the State Administrative Procedures Act notice is given of the following action:

Amendments to 6 NYCRR Part 325 regarding pesticide applicator certification requirements.

This proposal amends 6 NYCRR Part 325 regulations related to pesticide applicator certification, direct supervision of non-certified applicators, recertification criteria, elimination of penalties for late renewals and consolidating some certification criteria. These amendments update nearly 20-year-old regulations that were developed following the promulgation of the federal pesticide certification laws. Pest management technology and pesticides have changed dramatically during this time period and the Department of Environmental Conservation has gained the needed experience to better regulate these activities.

This action creates a three-tiered certification program made up of pesticide apprentices who lack formalized training and experience, formally educated but inexperienced technicians, and certified applicators who have experience and training. It defines when on-site supervision is necessary or when off-site supervision is adequate, and requires minimum on-the-job training for apprentices and allows technicians to use general use pesticides without supervision. It combines several similar subcategories of certification, creates several new ones and increases the amount of training that is required to recertify.

Contact: John F. Wainwright, NYSDEC, Division of Solid & Hazardous Materials, Room 498, 50 Wolf Road, Albany, NY 12233-7254 (518) 457-0917

Public Notice

The New York State Department of Environmental Conservation (Department) wishes to establish an enforcement directive, effective January 10, 2000, with regard to the management of hazardous wastes generated by public utilities in New York State at remote, unstaffed locations, such as manholes. The date of this notice begins a thirty-day public comment period.

This action will enable the Department to more rapidly implement a pilot project under the United States Environmental Protection Agency's (USEPA) national XL program. The Department of Environmental Conservation (DEC) has applied to and been accepted as a participant in the USEPA Project XL, part of the National Performance Review Regulatory Reinvention Initiative. Project XL gives regulated entities the flexibility to develop alternative strategies that will replace or modify specific environmental regulatory requirements on the condition that the strategies produce superior environmental performance.

On July 12, 1999, the USEPA issued a final rule in the Federal Register for this pilot project, effective January 10, 2000. On the same date, the USEPA and DEC entered into a Final Project Agreement (FPA). Both the USEPA rule and the FPA will expire on January 10, 2005. This directive will remain in effect for one year from final issuance or until an equivalent, project-specific State rule becomes effective, whichever occurs first.

DEC proposes flexible implementation of certain specific hazardous waste management regulations with respect to the management of certain hazardous wastes generated by public utilities in New York State. Public utilities maintain rights-of-way, such as oil and gas pipelines, telephone lines, and electric power distribution systems, in some cases extending hundreds of miles. Frequently, hazardous wastes (e.g., manhole sediment and pipeline condensate) will be generated at remote locations along these rights-of-way where there are no utility-owned and/or staffed facilities where the wastes may be stored and otherwise managed. The generation "events" are sometimes planned in advance, but often are not, particularly in cases where there has been a sudden, unexpected loss or interruption of service. By deferring to the USEPA rule, this action will allow the following:

While this directive eases regulatory burdens placed upon the regulated community, it also increases protection of human health and the environment.

This pilot project will improve the management of hazardous waste generated by public utilities by facilitating and requiring the expeditious removal of hazardous wastes that cannot be properly and securely stored at remote locations. Hazardous wastes left at such remote locations create the danger of releases through accidents or vandalism. Such storage also endangers public safety if it requires blocking of traffic lanes leading to merging of high-volume traffic lanes. Instead, such wastes will be moved to a secure location as soon as the generation event is ended. Hazardous traffic conditions that endanger public safety, such as storing waste in traffic lanes or on sidewalks, would end simultaneously.

Specifically, this "statewide deferral" is intended to operate in lieu of current New York State hazardous waste management requirements of 6 NYCRR Parts 370 through 374 and 376, until such time as the project-specific federal regulations of 40 CFR, 262.90, 264.1 (g)(12), 265.1 (c)(15) and 270.1 (c)(2)(ix) are formally promulgated into 6 NYCRR Parts 372 and 373.

The Department's enforcement discretion will be utilized only for those utilities that participate in the project, in accordance with the FPA requirements, governing participation. Participation is voluntary. This directive will only apply to hazardous wastes, generated by participating utilities at remote locations within New York State, and only to the extent that they are managed within New York State. This action does not affect waste management standards in other states and does not apply to wastes generated in other states.

This directive will allow participating utilities to utilize the project-specific federal regulatory requirements until such time as these requirements are formally adopted by New York State.

For further information or a copy of the FPA, contact the Division of Solid & Hazardous Materials, Bureau of Hazardous Waste Management, Technical Determination Section, at (518) 485-8988.

Comments may be submitted within 30 days of the date of this notice to Lawrence Nadler, Chief, Technical Determination Section by mail to: NYSDEC, 50 Wolf Road, Room 448, Albany, New York 12233-7251 or by email at: ljnadler@gw.dec.state.ny.us